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Showing 751–760 of 32667 articles for “Art. Cass. 3e Civ. 13-5-1998 n° 70”
Any payment presupposes a debt; what has been received without being due is subject to restitution. Restitution is not admitted in respect of natural obligations which have been voluntarily discharged…
Novation takes place only if both the old obligation and the new obligation are valid, unless its declared object is to substitute a valid undertaking for an undertaking which is vitiated by a defect.
Novation agreed between the creditor and one of the joint and several debtors discharges the others. A novation agreed between the creditor and a guarantor does not release the principal debtor. It re…
Where the delegator is indebted to the delegatee but the delegatee has not discharged him of his debt, the delegation gives the delegatee a second debtor. Payment made by one of the two debtors discha…
Joint and several debtors are jointly and severally liable for the non-performance of the obligation. The onus is definitively on those to whom the non-performance is attributable.
The assignment of a claim is a contract by which the assigning creditor transfers, for valuable consideration or free of charge, all or part of his claim against the assigned debtor to a third party c…
The assignment may only be set up against the debtor, if he has not already consented to it, if he has been notified of it or if he has taken note of it. The debtor may raise against the assignee the…
The judicial administration of evidence and disputes relating thereto are governed by the code of civil procedure.
A legal act relating to a sum or value exceeding an amount fixed by decree must be proved in writing under private or notarial signature. It may only be proved in addition to or against a writing esta…
The written word consists of a sequence of letters, characters, numbers or any other signs or symbols with an intelligible meaning, whatever their medium.
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